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Poland may decide to appeal European Court verdicts on abortion, gay parade
Polish Radio External Service ^ | May 24, 2007 | Joanna Najfeld

Posted on 05/24/2007 12:14:19 PM PDT by JoAnka

Poland may decide to file appeals protesting two recent verdicts by the European Court of Justice: the Polish wrongful birth case Tysiąc v. Poland, and the verdict on Bączkowski v. Poland, which declared illegal a 2005 ban on a gay pride parade in Warsaw.

Marek Jurek, Leader of the Polish Right proposes to appeal both decisions, which he sees as violating the rights guaranteed by the Polish law:

'We expect the government to stand up for the right to life, ethics in medicine, and also the right of our local governments to manage the public space of our cities, and to protect public morality and social order.'

In the wrongful birth case Tysiac v. Poland, a woman sued Poland for not providing her access to abortion. Demanding the right to legal abortion because of her eye disease, Tysiąc disagreed with the opinions of medical specialists, including that of the country's head consultant for eye diseases, prof. Jerzy Szaflik, who stated that her pregnancy had no impact on her debilitating eye condition.

Tysiąc's daughter, now 6-year old Julia was born and the mother, with the help of pro-abortion feminist groups, brought the case against Poland to the European Court of Justice, which ruled that the Polish state must pay 25 thousand Euro to the mother of the unwanted child.

The verdict did not mention the child at all, notes Janusz Siekański, a lawyer who has been following the case. The court assumed that there is such a thing as a 'right to abortion' in the Polish law, and evaluated that right against a vague concept of public interest, continues Siekański.

'Under the Polish law there is no such thing as a "right to abortion". There are several exemptions to the general prohibition of abortion. Under those exemptions abortion is not criminalized. But these exemptions do not constitute any "right to abortion". Such a conclusion would be in a clear conflict with the right to life of the unborn child who is under protection of the Polish law, including the Polish Constitution. This was confirmed, among others, by the decision of the Polish Constitutional Tribunal in the year 1997.'

One other thing to be questioned in this case is the fact that Tysiąc's right to abortion was inferred from a 'right to privacy' guaranteed by article 8 of the European Convention of Human Rights. Lawyer Janusz Siekański again:

'Abortion is not a private thing. It always means destruction of life of another human being.'

In the Bączkowski v. Poland case, the European Court of Justice ruled that Polish local government authorities did not have the right to ban a gay pride parade in Warsaw in 2005, when the current Polish president, Lech Kaczyński, was the mayor of Warsaw.

Tomasz Bączkowski, organizer of gay pride parades and plaintiff in this case, says Poland must conform to European norms.

'All the conventions and international agreements have a higher rank than national laws.'

MP Artur Zawisza perceives the European Court of Justice verdict as motivated ideologically. In his opinion, the court unjustly interferes with the integrity and sovereignty of the democratically elected authorities of Poland.

'You must not deprive the Polish local governments of the freedom to decide about the public space. They have the right to refer to a constitutional norm which gives them the possibility to prevent these kinds of events in the name of the protection of public morality. Polish Constitution guarantees that right to the Polish authorities and this right should not be undermined by a European body.'

Gay activist Bączkowski is convinced that if Polish authorities decide to actually appeal the verdict, they will lose again.

'They can appeal that but there are no chances that they will make it, the verdict is so definitive. In our opinion, this second verdict will be exactly the same.'

The Presidential chancellery is said to also be considering appealing the verdict on gay pride parades, however no official step has so far been taken.


TOPICS: News/Current Events
KEYWORDS: abortion; europe; homosexualagenda; moralabsolutes; poland
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Comment #21 Removed by Moderator

To: vox_PL
And it will be! It will be!!! Forever and ever! Just like in a prayer, forever and ever! Amen.

As I said: Not only a bilateral, but a mutual agreement.

Of course, the point becomes obsolete once prices and living standards and especially productivity within the agrarian sector even out over time.

But as always: I care very little about your goosestepping and your coprolalia, but you should get your facts straight.
22 posted on 05/24/2007 7:11:15 PM PDT by wolf78 (Penn & Teller Libertarian - Equal Opportunity Offender)
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To: JoAnka
Appealing EU 'rulings' is significant as such an act establishes recognition and acceptance of the process and entity that promulgates an alleged 'rule of law'. Poland would do well to completely disregard any and all actions inconsistent with its internal public policy.

Overt subjugation is equivalent to providing hot air pumped into an otherwise empty balloon. The EU is a half empty Macy's Day Parade bankers float seeking to fill its balloon, in the form of a lion, laced with holes. Poland would do well to deny any feeding of hot air beast.

Just as American President Andrew Jackson is said to have remarked, "[Supreme Court Chief Justice] John Marshall has made his decision; now let him enforce it!"

The EU balloon makers have made a whole-cloth 'rule', now let them enforce it.

23 posted on 05/25/2007 3:43:52 AM PDT by Robert Drobot (Da mihi virtutem contra hostes tuos.)
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To: 230FMJ; 49th; 50mm; 69ConvertibleFirebird; AFA-Michigan; Abathar; Agitate; Aleighanne; ...
The European Unions is vile. So "All the conventions and international agreements have a higher rank than national laws." IOW, whatever some freaks and Marxists and leftist perverts in Belgium decide, they can force on the entire citizenry of Poland. I hope this blows up and destroys the EU. What's so great about it, remind me.

Homosexual Agenda and Moral Absolutes Ping!

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24 posted on 05/26/2007 11:15:18 PM PDT by little jeremiah (Only those who thirst for the truth will know the truth.)
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To: DLfromthedesert
"Poland should secede from the EU and reclaim her sovereignty."

Maybe we could get them to become the 51st state.
------Assuming they adopt English, of course.

And why not. France is technically on 4 continents, having "overseas" states.

25 posted on 05/26/2007 11:31:52 PM PDT by cookcounty (No journalist ever won a prize for reporting the facts. --Telling big stories? Now that's a hit.)
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To: JoAnka

This is what happens to countries who give up their sovereign rights to leftist institutions like the EU. And we are headed down that slippery slope with the permanent opening of borders and Bush trying to resurrect the Law of the Sea Treaty.

vaudine


26 posted on 05/26/2007 11:44:55 PM PDT by vaudine
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To: cookcounty

They fully deserve it with their loyalty and good service. And adopting English will not be a problem at all (some time should be given them though to smooth over adoption)


27 posted on 05/27/2007 4:23:17 PM PDT by tetuhe1898
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